Legal Question in Wills and Trusts in Ohio

Re: Fathers estate is intestate

Depending upon where you live in Texas, you can go to the county law library, or perhaps the public library, to see if they have Martindale-Hubbell summary of the law and look under Ohio. You could also just call the atty who forwarded you the document to sign and ask him what your rights are under Ohio law. If you don't think he is shooting straight with you, call an Ohio lawyer knowledgeable in probate and buy 1/2 of his time to pose the questions you have. Whatever you do with the atty that sent you the papers to sign, have him put in writing whatever he tells you. You can look up attorneys www.martindale.com

Re: Fathers estate is intestate

In Ohio, the surviving spouse is entitled to the first $20,000 (plus could get another $40,000 as spousal allowance if no minor children) in probate assets plus 1/3 of the remainder of probate assets if she is not the natural or adoptive mother of either of the two children. If she is parent of one but not the other, then she gets $60,000 plus 1/3. She also can opt 2 cars out of probate up to $40,000 in value. She also can live in the home for up to one year if it was in your father's name. You do not give up any rights as beneficiaries by having her administer other than being intimately involved with the assets. The administrator will have the legal authority to assemble the assets and distribute them. Money and real estate is typically easy to divide. The personal property is where she may be able to exercise her authority as administrator. However, since she is in Ohio, she is the logical one to administer, usually. The Ohio Revised Code is available on the web. See Section 2105.06 and 2106.13.